Who is right? In the end it is an interpretation of the law
Posted: Sun Dec 22, 2024 10:27 am
The Executive is preparing to ask Congress for the latest extension of the state of emergency , the fifth since the start of the health crisis caused by Covid-19. This time, the difference with the rest of the extensions is that the Government wants to extend the duration to 30 days , instead of the usual period of 15 days.
Can the state of alarm be extended for one month?
As we explained in the post “ What does the state of alarm consist of? ”, the taiwan business mailing list Government, in use of the powers granted to it by article 116.2 of the Constitution, may declare a state of alarm, in all or part of the national territory, when any of the following serious alterations of normality occur.
Article 6 of Organic Law 4/1981 , of June 1, on states of alarm, exception and siege, expressly states:
"The decree will determine the territorial scope, duration and effects of the state of alarm, which may not exceed fifteen days. It may only be extended with the express authorization of the Congress of Deputies, which in this case may establish the scope and conditions in force during the extension."
And the Constitution in its article 116.2 indicates:
"The state of alarm will be declared by the Government by means of a Decree agreed upon by the Council of Ministers for a maximum period of 15 days , reporting to the Congress of Deputies, which will meet immediately for this purpose and without whose authorization said period may not be extended."
The Constitution and Organic Law 4/1981 do not specify the maximum period for which the state of alarm can be extended.
So, can the state of emergency be extended for a month? The answer is not clear . There are different opinions among legal experts.
Some legal experts say that it is one thing for there to be no extension limits, and another for said extensions to be proposed for more than 15 days. Applying the principle of analogy , in administrative and judicial procedures, deadlines can be extended, but never for longer than the time limit set . That is, the deadline can be doubled, tripled, etc., but always for the same number of days or less, never more.
Other opinions, the majority , are in favour of extending the state of alarm for one month, arguing that there is no limit on the duration of the state of alarm, which is why it is possible to request an extension for more than 15 days. In fact, in Spain we have a precedent. In the state of alarm for air traffic controllers in 2010 , the extension was for one month and not 15 days (On 14 December 2010, an extraordinary Council of Ministers agreed to extend the state of alarm until 15 January 2011, a decision that was ratified by Congress).
Conclusions
If a restrictive interpretation is made , doubts arise as to whether or not the state of alarm can be extended for a month. If a more open interpretation is chosen, taking into account the regulations, it is indicated that in the event of an extension, it must be authorized by Congress and both the scope and the conditions of this state can be established. Therefore, it can be deduced that the duration may be greater than 15 days. The Constitution does not limit the extension to 15 days, 15 days is the initial period without authorization from Congress.
Can the state of alarm be extended for one month?
As we explained in the post “ What does the state of alarm consist of? ”, the taiwan business mailing list Government, in use of the powers granted to it by article 116.2 of the Constitution, may declare a state of alarm, in all or part of the national territory, when any of the following serious alterations of normality occur.
Article 6 of Organic Law 4/1981 , of June 1, on states of alarm, exception and siege, expressly states:
"The decree will determine the territorial scope, duration and effects of the state of alarm, which may not exceed fifteen days. It may only be extended with the express authorization of the Congress of Deputies, which in this case may establish the scope and conditions in force during the extension."
And the Constitution in its article 116.2 indicates:
"The state of alarm will be declared by the Government by means of a Decree agreed upon by the Council of Ministers for a maximum period of 15 days , reporting to the Congress of Deputies, which will meet immediately for this purpose and without whose authorization said period may not be extended."
The Constitution and Organic Law 4/1981 do not specify the maximum period for which the state of alarm can be extended.
So, can the state of emergency be extended for a month? The answer is not clear . There are different opinions among legal experts.
Some legal experts say that it is one thing for there to be no extension limits, and another for said extensions to be proposed for more than 15 days. Applying the principle of analogy , in administrative and judicial procedures, deadlines can be extended, but never for longer than the time limit set . That is, the deadline can be doubled, tripled, etc., but always for the same number of days or less, never more.
Other opinions, the majority , are in favour of extending the state of alarm for one month, arguing that there is no limit on the duration of the state of alarm, which is why it is possible to request an extension for more than 15 days. In fact, in Spain we have a precedent. In the state of alarm for air traffic controllers in 2010 , the extension was for one month and not 15 days (On 14 December 2010, an extraordinary Council of Ministers agreed to extend the state of alarm until 15 January 2011, a decision that was ratified by Congress).
Conclusions
If a restrictive interpretation is made , doubts arise as to whether or not the state of alarm can be extended for a month. If a more open interpretation is chosen, taking into account the regulations, it is indicated that in the event of an extension, it must be authorized by Congress and both the scope and the conditions of this state can be established. Therefore, it can be deduced that the duration may be greater than 15 days. The Constitution does not limit the extension to 15 days, 15 days is the initial period without authorization from Congress.